(235 ILCS 5/9-6) (from Ch. 43, par. 171)
Sec. 9-6.
The
proposition shall be in substantially the following form:
Shall the sale at retail of alcoholic liquor (or alcoholic liquor other than beer containing YES not more than 4% of alcohol by weight) (or alcoholic liquor
containing more than 4% alcohol by weight in the original package and not for consumption on the NO premises) be prohibited in (or at) ....?
In a precinct referendum, the proposition ballot shall also contain a common
description of the precinct in plain
and nonlegal language,
which may be prepared by the election official or adopted from the description
on the petition, unless the election official responsible for conducting the
election determines that a description cannot be included within the space
limitations on the ballot to be used in the election. If the description
is not to be included on the ballot, the election officials
shall prepare large printed
copies of the description of the precinct together with a notice of the
proposition which shall be prominently displayed in the precinct polling
place at the election.
(Source: P.A. 86-861 .)
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(235 ILCS 5/9-7) (from Ch. 43, par. 172)
Sec. 9-7.
The clerk shall record in a well bound book, to be kept in his
office by himself and his successor, the result of the vote upon the
proposition. The result of the vote may be proved in all courts and in all
proceedings by this record or by the official certification of the clerk.
In cases where the record or certification shows that a majority of the
voters voting upon the proposition voted "YES", the record or certification
shall be prima facie evidence that the sale at retail of alcoholic liquor
or the sale at retail of alcoholic liquor other than beer containing not
more than 4% of alcohol by weight or the sale at retail of alcoholic liquor
containing more than 4% of alcohol by weight except in the original package
and not for consumption on the premises, as the case may be, is prohibited
in the political subdivision or precinct or at the licensed
establishment to which such vote was applicable.
(Source: P.A. 86-861.)
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(235 ILCS 5/9-8) (from Ch. 43, par. 173)
Sec. 9-8.
The status of all the territory within any political subdivision
or precinct, relative to the sale at retail of alcoholic liquor, or the sale
at retail of alcoholic liquor other than beer containing not more than 4%
of alcohol by weight, or the sale at retail of alcoholic liquor containing
more than 4% of alcohol by weight except in the original package and not
for consumption on the premises, as the case may be, shall remain the same,
notwithstanding any change which may be made in the limits of any such
political subdivision or precinct until the voters thereof have changed
such status as to annexed or disconnected areas under the provisions of
Section 9-9 of this Article, or until the voters have changed such status
for areas other than annexed or disconnected areas under the provisions of
Section 9-2 or Section 9-10.
(Source: P.A. 84-716.)
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(235 ILCS 5/9-9) (from Ch. 43, par. 173.1)
Sec. 9-9.
The status of an annexed area or disconnected area, relative
to the sale at retail of alcoholic liquor pursuant to Section 9-8, shall
remain the same until changed in accordance with the following
provisions:
(a) Upon the filing, in the office of the clerk of the political
subdivision or precinct of which the annexed area or disconnected area
becomes a part, of a petition directed to such clerk, containing the
signatures of not less than 25% of the legal voters residing in such
annexed or disconnected area, to submit to the voters thereof the
proposition to continue its current status, the clerk shall certify that
proposition to the proper election officials, who shall submit the proposition
to the voters of the annexed or disconnected area at an election in accordance
with the general election law. The petition shall be supported by an affidavit
made by one or more of the petitioners and stating that the signatures
represent not less than 25% of the legal voters residing in the annexed or
disconnected area. The provisions in Sections 9-1, 9-2, 9-4, 9-5, 9-6 and 9-7
shall apply except where they conflict with this Section, in which event the
provisions of this Section shall control. If a majority of the voters voting
upon such proposition in any such annexed or disconnected area vote "NO", the
current status shall cease in that area; or
(b) Upon the filing in the office of the clerk of the political
subdivision of which the annexed area or disconnected area becomes a
part of a petition directed to such clerk containing the signatures of
not less than 66 2/3% of all the legal voters residing in the annexed or
disconnected area to change the status in that annexed or disconnected
area relative to the sale at retail of alcoholic liquor by either:
(1) discontinuing any existing prohibition, or
(2) prohibiting the sale at retail of alcoholic | ||
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(3) prohibiting the sale at retail of alcoholic | ||
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(4) prohibiting the sale at retail of alcoholic | ||
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The requirement of Section 9-4 regarding verification of a petition shall
apply to this petition. Thirty days following the filing of such petition, the
requested status, as specified in such petition, shall become effective in the
annexed or disconnected area, unless within the 30 day period, written verified
objections by a voter residing in the annexed or disconnected area are filed
with the clerk. The objections shall be limited to an attack upon the validity
of the petition and its execution. In such event, the clerk shall forthwith
submit to the Circuit Court for the county in which the area is located, the
petition and objections thereto. A hearing shall be held thereon within 30 days
after the petition and objections are filed with the court. If the court finds
that the petition is valid and properly executed, the court shall enter an
order finding that the petition is valid. Thereupon, the requested status shall
be effective. If the court finds that the petition is not valid, the petition
shall be dismissed.
(c) A vote under subsection (a) above or the filing of a valid petition
under subsection (b) above shall bar further proceedings under this Section for
47 months thereafter.
(Source: P.A. 82-783.)
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(235 ILCS 5/9-10) (from Ch. 43, par. 174)
Sec. 9-10.
Upon the filing in the office of the clerk, at least 90 days
before an election in any political subdivision or precinct, as the case
may be, of a petition directed to such clerk, containing the signatures
of not less than 25% or 40% of the legal voters of the territory which has
prohibited the sale at retail of alcoholic liquor or the sale at retail
of alcoholic liquor other than beer containing not more than 4% of
alcohol by weight or the sale at retail of alcoholic liquor containing
more than 4% of alcohol by weight except in the original package and not
for consumption on the premises, or a petition directed to such clerk
containing the signatures of not less than 25% of the legal voters of a
municipality within which such territory is located, to submit
to the voters thereof the proposition to continue such prohibition, the
clerk shall certify such proposition to the proper election officials, who
shall submit the proposition at such election to the voters of such
political subdivision or precinct. Where such proposition is submitted
pursuant to a petition signed by not less than 25% of the legal
voters of a municipality within which such
territory is located, the legal voters of the entire municipality may vote
on the proposition. For the purposes of this Section, the
number of legal voters shall be computed upon the same basis as is provided
in Section 9-2 for the filing of a petition for referendum on the question
of whether the sale at retail of alcoholic liquor shall be prohibited.
So far as applicable, the provisions of Sections 9-1, 9-4, 9-5, 9-6 and 9-7
shall apply. The proposition shall be in the following form:
Shall the prohibition of the sale at retail of alcoholic liquor (or alcoholic liquor other than beer YES containing not more than 4% of alcohol by weight) or (alcoholic
liquor containing more than 4% of alcohol by weight in the original NO package and not for consumption on the premises) be continued in (or at) .................?
In a precinct referendum, the referendum ballot shall also contain a common
description of the precinct in plain and
nonlegal language, which may be prepared by the election official or
adopted from the description on the petition, unless the election official
responsible for conducting the election determines that a description
cannot be included within the space limitations on the ballots to be used
in the election. If the description is not to be included on the ballot,
the clerk shall prepare large printed copies of the description of the
precinct together with a notice of the proposition which shall be
prominently displayed in the precinct polling place at the election. If a
majority of the voters voting upon such last mentioned proposition in any
such political subdivision or precinct vote "NO", such prohibition shall
cease in such political subdivision or precinct or at the applicable
licensed establishment; and where such political subdivision or precinct
is a city, village or incorporated town situated wholly or partly within
the boundaries of a township or road district having a similar prohibition,
a majority vote of the voters voting "NO" upon such proposition as above
described will result in the prohibition ceasing in that part of the
township or road district situated within such city, village or
incorporated town. In the event the boundaries of such political
subdivision or precinct have been altered or the numbers of any precincts
have been changed subsequent to the original election making the territory
prohibited territory and prior to the filing of such petition for
resubmission of the question, only those voters actually residing in the
prohibited territory shall be eligible as signers of such resubmission
petition, except that this limitation shall not apply in the case of a
resubmission petition signed by at least 25% of the legal voters
of a municipality in which the prohibited territory is located. The
petition mentioned in this Section shall be a public document and shall be
subject to inspection by the public.
(Source: P.A. 86-861 .)
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(235 ILCS 5/9-10.1) (from Ch. 43, par. 174.1)
Sec. 9-10.1.
In the event a home rule municipality, as set forth in Article
VII of the Illinois Constitution, changes the status of the municipality
by ordinance so as to allow the sale at retail of alcoholic liquor in a
municipality which has previously prohibited such sale pursuant to local
referendum, such sale may be continued in that municipality even though
it subsequently ceases to be a home rule municipality. The prohibition against
the sale at retail of alcoholic beverages in such a municipality may thereafter
be reinstated pursuant to Section 9-2 or by subsequent ordinance of the municipality.
(Source: P.A. 83-736.)
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(235 ILCS 5/9-11) (from Ch. 43, par. 175)
Sec. 9-11.
A vote under the provisions of this Act in and
for any political subdivision or precinct or licensed establishment
upon the proposition to prohibit the sale at retail
of alcoholic liquor or to prohibit the sale at retail of alcoholic liquor
other than beer containing not more than 4% of alcohol by weight or to
prohibit the sale at retail of alcoholic liquor containing more than 4% of
alcohol by weight except in the original package and not for consumption on
the premises or in and for any political subdivision or precinct upon the
proposition to continue any of such prohibitions shall be a bar to the
submission to the voters thereof of any of such propositions as applied to
all or any part of that political subdivision or precinct for 47 months
thereafter.
(Source: P.A. 86-861.)
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(235 ILCS 5/9-12) (from Ch. 43, par. 175.1)
Sec. 9-12.
Within 10 days after the filing of any petition under this
Article, the official with whom the petition is filed shall prepare the report hereinafter prescribed. One copy shall be kept
on file in the official's office, and he shall, by registered mail, send
two copies to the Secretary of State, one copy to the county clerk and
one copy to the person who filed the petition.
The official shall make such report substantially in the following form:
Report of filing of petition for local option election to be held on
.... in .... (name of precinct, etc.).
Date of filing ....
By whom filed ....
Number of signers ....
Proposal(s) to be voted upon ....
.... (Official)
Immediately upon completion of the canvass of any local option
election, the official shall prepare a report of the
election result as hereinafter prescribed, shall keep one copy on
file in his office , and, within 10 days after the canvass, shall, by
registered mail, send two copies to the Secretary of State and one copy
to the county clerk. The report shall be substantially as follows:
Report of local option election held on .... in .... (name of
precinct, etc.) upon the following proposal(s) ....
Number voting "YES" ....
Number voting "NO" ....
.... (Official)
The official shall sign each copy of every report required by this
Section.
The Secretary of State and the county clerk shall keep on file in
their offices, available for inspection, any report received by him
pursuant to this Section.
(Source: P.A. 103-363, eff. 7-28-23.)
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(235 ILCS 5/9-13) (from Ch. 43, par. 176)
Sec. 9-13.
It is unlawful to sell alcoholic liquor at retail
or to grant or
issue, or cause to be granted or issued, any license to sell alcoholic
liquor at retail within the limits of any political subdivision or precinct
or at any premises
while the prohibition against such sales is in effect, or to sell at retail
alcoholic liquor other than beer containing not more than 4% of alcohol by
weight, or to grant or issue or cause to be granted any license to sell
such alcoholic liquor at retail within the limits of such political
subdivision or precinct while the prohibition against such sales is in
effect, or to sell at retail alcoholic liquor containing more than 4% of
alcohol by weight except in the original package and not for consumption on
the premises, or to grant or issue or cause to be granted or issued any
license to sell such alcoholic liquor at retail within the limits of such
political subdivision or precinct while the prohibition against such sales
is in effect. If any such license be granted or issued in violation of this
section, the license shall be void. This section shall not prohibit the
issuance of and operation under a manufacturer's or distributor's or
importing distributor's license in accordance with law.
(Source: P.A. 86-861.)
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(235 ILCS 5/9-14) (from Ch. 43, par. 177)
Sec. 9-14.
The giving away or delivery of any alcoholic liquor for the
purpose of evading any provision of this Article, or the taking of orders
or the making of agreements, at or within any political subdivision or
precinct or at any premises while such sales are prohibited, for the
sale or delivery of any
alcoholic liquor, or other shift or device to evade any provision of this
Act, shall constitute an unlawful selling.
(Source: P.A. 86-861.)
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(235 ILCS 5/9-15) (from Ch. 43, par. 178)
Sec. 9-15.
All places where alcoholic liquor is sold in violation of any
provision of this Article shall be taken and held and are declared to be
common nuisances and may be abated as such.
(Source: P.A. 82-783.)
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(235 ILCS 5/9-16) (from Ch. 43, par. 179)
Sec. 9-16.
Any clerk, judge of election, police officer or
other officer of
the law, who shall refuse or neglect or fail to discharge any duty imposed
by this Article, and any one who signs a petition provided for in this
Article, knowing he is not qualified to do so, or who files with the clerk
any such petition or any sheet or other part thereof knowing that it
contains the signature of a person not qualified to sign the same, or who
receives, requests or demands or gives, offers or promises any reward for
the signing or the refraining from signing of any such petition, or who by
treating or giving alcoholic liquor or anything else, or by threats to
injure another in person or property, or by betting or other device, either
directly or indirectly influences or attempts to influence anyone to sign
or refrain from signing any such petition, shall be guilty of a violation
of this Article and punishable therefor.
(Source: P.A. 82-783.)
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